Jim Pillsbury's Web Blog

Thursday, April 20, 2017

A Class Action against Gate House MWDN

If you had the same trouble with getting a credit from the MWDN... as many have reported. Finally someone took them to task. This stems from the so called "TV Guide" section that was put in Sunday's paper. If you ever wanted a refund for the lack of delivery.. lets say, they would charge you extra for the insert. It all made no sense at all and there was a settlement. You have to download a form and get it in to the lawyers for a refund or extended subscription. You would have had to get the MWDN from April 1, 2014 and March 21, 2017

IF YOU RESIDED IN MASSACHUSETTS AND PURCHASED A SUBSCRIPTION
FROM GHM FOR A GHM PUBLICATION BETWEEN APRIL 1, 2014 AND MARCH 21, 2017
(“CLASS PERIOD”), THIS NOTICE INFORMS YOU OF A PROPOSED CLASS ACTION
SETTLEMENT THAT COULD AFFECT YOUR LEGAL RIGHTS.

WHAT IS THIS NOTICE ABOUT?

There is a lawsuit entitled Steven Keenholtz,
M.D. and Dorothy Guillicksen, individually and on behalf of all others
similarly situated v. GateHouse Media, LLC, et al., Case No. 1777-CV-00184 (“Action”), which is pending in the Massachusetts Superior Court (“Court”)
and that may affect your legal rights. The Action alleges that GHM
violated Mass. Gen. Laws ch. 93A, § 9 and 940 C.M.R. §§ 3.02(3)-(4),
3.04, 3.05, 3.13(1)(a), and 3.16(2) by allegedly not adequately
disclosing surcharges associated with “premium edition” publications,
including Lens magazine, that are published periodically by GHM (“Premium Editions”).
GHM denies any wrongdoing and any liability whatsoever, and no court
or other entity has made any judgment or other determination of any
liability. The parties, however, have reached a proposed settlement (“Settlement”)
of the Action and have determined that the Settlement is in the best
interests of the parties and the Class. The Settlement and this Notice
have been preliminarily approved by the Court. The purpose of this
Notice is to explain the Settlement and advise you of your legal rights.
To obtain a copy of the parties’ Settlement Agreement and Release (“Settlement Agreement”), a Claim Form (“Claim Form”), and other related documents and Settlement details, you may (1) call Kurtzman Carson Consultants, LLC (“Settlement Administrator”) at 1-877-449-8589,
(2) mail a written request for such information, including your name
and address to: Settlement Administrator, GHM Settlement, Kurtzman
Carson Consultants, LLC, P.O. Box 43447, Providence, RI 02940-3447, or
(3) download the information and fill out a Claim Form at www.GHMClassAction.com.

WHY DID I RECEIVE MORE THAN ONE NOTICE?

According to GHM’s records, you have purchased more than one
subscription from GHM for a GHM publication between April 1, 2014 and
March 21, 2017. As explained further below, if you are an eligible Class
Member, you may submit one Claim Form per subscription.

AM I A MEMBER OF THE CLASS?

The class is identified as all persons who, during the Class Period,
resided in Massachusetts, purchased a subscription from GHM for a GHM
publication, received one or more Premium Editions, were assessed an
additional amount for the Premium Editions, and, rather than be billed
for the additional amount, had the length of their subscription adjusted
such that the expiration of their subscription was accelerated based on
the surcharge amount of the Premium Editions published during the Class
Period (“Class” and “Class Member”).
The following persons are excluded from the Class: all persons who are
officers, employees, agents, or directors of GHM or its subsidiaries and
corporations related to GHM by ownership of shares or other means of
control, as well as Judges of the Court.

WHAT DOES THE PROPOSED SETTLEMENT PROVIDE
AND WHAT BENEFITS COULD I RECEIVE?

Provided that the Settlement becomes a Final Order and Judgment, GHM has
agreed that all Class Members will be entitled to receive a
Subscription Extension or Refund. To obtain a Subscription Extension or
Refund, a Class Member must timely sign and submit a fully completed
Claim Form (either by mail or online submission) and elect to receive
one of the following: (1) an extension of their subscription (“Subscription Extension”)
equivalent to the length that their subscription would have been had
the expiration of their subscription not been accelerated by the
publication of Premium Editions, such as Lens magazine, during the Class Period, or (2) a monetary refund (“Refund”) equivalent to the sum assessed against their subscription account for the publication of Premium Editions, such as Lens
magazine, during the Class Period. GHM shall issue a Subscription
Extension to Class Members who otherwise submit a proper and timely
Claim Form, but either (1) request both a Subscription Extension and
a Refund, (2) fail to elect the type of consideration desired, or (3)
submit two Claim Forms that respectively elect a Subscription Extension
and Refund for the same subscription.

WHAT ARE MY RIGHTS?

1.

You Can Accept the Settlement. If you wish to accept the terms of the Settlement and receive a Subscription Extension or Refund as described above, you MUST fill out, sign, and submit a Claim Form. When
doing so, you must follow the Instructions on the Claim Form and submit
a signed and completed Claim Form to the Settlement Administrator by July 19, 2017 (“Bar Date”). You can easily submit your Claim Form at www.GHMClassAction.com.
Each Class Member accepting the terms of the Settlement shall submit
one Claim Form per subscription. Claim Forms must be signed under the
pains and penalties of perjury wherein each Class Member shall assert
that, during the Class Period, he, she, or it resided in Massachusetts,
purchased a subscription from GHM for a GHM publication, received one or
more Premium Editions, were assessed an additional amount for the
Premium Editions, and, rather than be billed for the additional amount,
had the length of their subscription adjusted such that the expiration
of their subscription was accelerated based on the value of the Premium
Editions published. A Claim Form shall be deemed to have been submitted
when posted, if received with a postmark, or equivalent mark by a
courier company indicated on the envelope or mailer, or when submitted
electronically through the online Claim Form. Claim Forms may not be
submitted via e-mail. If you fail to timely submit a Claim Form, you
will be bound by the Settlement Agreement and releases contained
therein, but will not be entitled to receive a Subscription Extension or
Refund. You can obtain a Claim Form by: (1) calling the Settlement
Administrator at 1-877-449-8589,
(2) mailing a written request for a Claim Form, including your name and
address to: Settlement Administrator, GHM Settlement, Kurtzman Carson
Consultants, LLC, P.O. Box 43447, Providence, RI 02940-3447, or (3)
downloading a Claim Form and related information at www.GHMClassAction.com.

2.

You Can Object to the Settlement.
If you believe the Settlement is unsatisfactory, you may object to any
aspect of the Settlement by, at least thirty (30) days prior to the
hearing scheduled by the Court for purposes of: (a) entering the Final
Order and Judgment fully and finally resolving the Action; (b)
determining whether the Settlement should be approved as fair,
reasonable, and adequate; and (c) ruling upon an application by Class
Counsel for an award of attorneys’ fees and Dr. Steven Keenholtz’s and
Ms. Dorothy Guillicksen’s (collectively, “Named Plaintiffs”) incentive award (“Fairness Hearing”),
filing a written objection with the Office of the Clerk of the Court,
Essex County Superior Court, 56 Federal Street, Salem, Massachusetts
01970, and sending copies to the following counsel representing the
Class and GHM:

Class Counsel

GHM Counsel

Jason M. Leviton, Esq.

David G. Thomas, Esq.

Block & Leviton LLP

Greenberg Traurig LLP

155 Federal Street, Suite 400

One International Place, Suite 2000

Boston, MA 02110

Boston, MA 02110

A written objection must be postmarked no later than July 3, 2017
and must be verified by a declaration or a sworn affidavit signed under
the pains and penalties of perjury and must include: (1) the name and
case number of the Action, (2) the full name, address, and telephone
number of the person objecting, (3) a statement of each objection, and
(4) a written statement detailing the specific reasons, if any, for each
objection, including any legal and factual support the objector wishes
to bring to the Court’s attention and any evidence the objector wishes
to introduce in support of the objection(s). If a Class Member intends
to object and appear at the Fairness Hearing, either with or without
counsel, the Class Member must file and serve a timely objection. Any
Class Member who objects and retains counsel must pay their own
attorneys’ fees, costs and expenses.

Any Class Member who fails to timely file and serve a written objection
and notice of his, her, or its intent to appear at the Fairness Hearing
shall not be permitted to object to the approval of the Settlement at
the Fairness Hearing and shall be foreclosed from seeking any review of
the Settlement or the terms of the Settlement Agreement by appeal or
other means. Additional requirements for written objections are set
forth in the Settlement Agreement.

WHAT CLAIMS WILL BE RELEASED BY THIS SETTLEMENT?

Upon final approval of the Settlement by the Court, the Action will be
fully and finally resolved. In addition, every Class Member, and each
of their respective present and former agents, affiliates, assigns,
attorneys, directors, divisions, employees, heirs, insurers, legatees,
managers, members, officers, parents, partners, personal
representatives, predecessors, predecessors-in-interest, privities,
related entities, representatives, shareholders, subsidiaries,
successors, successors-in-interest, supervisors, and all persons acting
by, through, under or in concert with them, or any of them shall
release, acquit, and forever discharge GHM, and each of their respective
present and former agents, affiliates, assigns, attorneys, directors,
divisions, employees, heirs, insurers, legatees, managers, members,
officers, parents, partners, personal representatives, predecessors,
predecessors-in-interest, privities, related entities, representatives,
shareholders, subsidiaries, successors, successors-in-interest,
supervisors, and all persons acting by, through, under or in concert
with them, or any of them (“Released Persons”), from
all manner of accounts, actions, agreements, bills, bonds, causes of
action, charges, claims, contracts, controversies, costs, covenants,
damages, debts, demands, dues, executions, expenses, extents, interest,
judgments, losses, liabilities, obligations, penalties, promises,
reckonings, rights, suits, sums of money, trespasses, variances, and
attorneys’ fees, of any nature whatsoever, known or unknown, in law or
equity, fixed or contingent, which they have or may have arising out of
or relating to any of the acts, omissions or other conduct that have or
could have been alleged or otherwise referred to in the Action
including, but not limited to, any and all violations of Mass. Gen. Laws
ch. 93A § 9 and 940 C.M.R. §§ 3.02(3)-(4), 3.04, 3.05, 3.13(1)(a) (the “Released Claims”). More specific information on the release of claims can be found in the Settlement Agreement.

WHAT ABOUT PLAINTIFFS’ ATTORNEYS’ FEES, COSTS AND EXPENSES?

In addition to the application by Class Counsel for attorneys’ fees,
costs, and expenses described above, in connection with the Court’s
consideration of the Settlement, Class Counsel intends to file an
application for an incentive award for Named Plaintiffs in the aggregate
amount of $2,000.00 (“Incentive Award”). GHM has agreed not to oppose such an application. Any
such award is in addition to the Settlement consideration that is
described above and will not reduce the benefits to you if the
Settlement is approved.

WHAT IS THE NAMED PLAINTIFFS’ INCENTIVE AWARD?

Subject to Court approval, Class Counsel will apply to the Court for an
award of attorneys’ fees, costs, and expenses. GHM has agreed not to
oppose an application in an aggregate amount not to exceed $125,000.00. Any
such award is in addition to the Settlement consideration that is
described above and will not reduce the benefits to you if the
Settlement is approved.

WHEN WILL THE FAIRNESS OF THE SETTLEMENT
AND OBJECTIONS, IF ANY, BE HEARD AND DETERMINED?

The Court will hold a Fairness Hearing on August 1, 2017 at 2:00 p.m.
in Courtroom H, Essex County Superior Court, 56 Federal Street, Salem,
Massachusetts 01970, to: (a) enter the Final Order and Judgment fully
and finally resolving the Action; (b) determine whether the Settlement
should be approved as fair, reasonable, and adequate; and (c) rule upon
an application by Class Counsel for an award of attorneys’ fees and the
Named Plaintiffs’ Incentive Award. Objections to the terms of the
Settlement or Class Counsel’s applications for fees, costs and expenses
or for Named Plaintiffs’ Incentive Award will be considered by the Court
at the Fairness Hearing. Any Class Member has a right to appear at the
Fairness Hearing either personally or through counsel hired at your own
expense. Class Members who do not object to the proposed Settlement do
not need to appear at the Fairness Hearing. Class Members that do
object to the proposed Settlement do need to appear at the Fairness
Hearing, either personally or through counsel hired at their own
expense.

ADDITIONAL INFORMATION

You may seek the advice and guidance of your own attorney, if you
desire, and should not rely on this Notice as legal advice. A copy of
the Settlement Agreement, Claim Form, and other related documents and
Settlement details may be obtained by: (1) calling the Settlement
Administrator at 1-877-449-8589,
(2) mailing a written request for such information, including your name
and address to: Settlement Administrator, GHM Settlement, Kurtzman
Carson Consultants, LLC, P.O. Box 43447, Providence, RI 02940-3447, or
(3) downloading the information at www.GHMClassAction.com.
Also, you may examine all related documents and court filings during
regular office hours at the Office of the Clerk of the Court, Essex
County Superior Court, 56 Federal Street, Salem, Massachusetts 01970;
however, PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THIS NOTICE TO THE CLERK OF THE COURT OR THE JUDGE.